Information on Ignition Interlock Devices (IID) in the Islands of Aloha HI
Drinking and driving and HI Ignition Interlock laws are the same in all cities and towns across the state of Hawaii including Kailua, Honolulu, Kapolei, Waipahu, Mililani, Kula, Kaneohe, and beyond. For those who are pulled over and found driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or more is considered to be driving impaired and will likely be charged with Driving Under the Influence (DUI) or more commonly in Hawaii Operating a Vehicle Under the Influence of an Intoxicant (OVUII). This drinking and driving charge carries a number of penalties including jail time, fines, a license suspension, and will be required to get and install an Ignition Interlock device in order to drive legally in Hawaii.
Being charged with a drinking and driving related crime after having a BAC of 0.08 percent is common across the US. This threshold was determined based on government research – this research showed that most individuals with a BAC of 0.05 percent are too impaired to drive, and a BAC of 0.08 percent is the threshold where all individuals are too impaired to drive. Additionally, the state of Hawaii also charges minors with DUI/OVUII when they have a BAC of 0.02 percent and those driving commercial vehicles with a BAC of 0.04 percent are charged. It is understandable why drivers who are first arrested for these charges initial concerns are “will my license get suspended, and will I be required to get an Ignition Interlock installed for a DUI in Hawaii?” Having an arrest examined online with is as soon as possible, can help in finding possible ways to avoid an Ignition Interlock device penalty, as well as help prevent a suspended driver’s license.
What Are the Penalties for Driving Under the Influence in Hawaii?
As mentioned, the state of Hawaii passes down many different penalties for those convicted of DUI/OVUII, and these penalties also increase in severity with the number of previous offenses individuals have. This method of punishing those convicted of DUI/OVUII is to discourage them and others from getting behind the wheel after drinking again. A first time DUI offense of drinking and driving in the state of Hawaii face the following penalties:
- Monetary Fines Between $150 and $1,000
- 90 Day License Suspension
- Having to Get an Ignition Interlock Installed
Second time DUI or OVUII offenders, or those with another drunk driving offense in the last five years, face harsher penalties. The penalties these offenders face include:
- Between five and 14 Days in Jail
- Monetary Fines Between $500 and $1,500
- One Year Hawaii License Suspension
- Car Breathalyzer Ignition Interlock Requirement
Third time offenders in HI, or those with two previous DUI related charges in the last five years, face even harsher penalties. The penalties these offenders face include:
- Between 10 and 30 Days in Jail
- Monetary Fines Between $500 and $2,500
- One to Five Year Suspended Driver’s License
- A Driver Will Have To Install an Ignition Interlock Device
Does Hawaii Enforce an Implied Consent Law for OVUII and DUI?
Hawaii also enforces an “implied consent law.” This DUI and OVUII law states that those who are issued a driver’s license in Hawaii automatically consent to having chemical testing performed when their BAC is brought into question – this testing can include blood, urine, or breathalyzer testing. Although individuals can refuse to have this testing done, they face automatic punishments for doing so including a monetary fine as well as an automatic license suspension.
First time offenders who refuse to have chemical testing performed pay a fine and have their license revoked for a one-year period and have to get an Ignition Interlock installed and pay for all of it’s costs. Second time OVUII or DUI offenders who refuse BAC testing have their license revoked for a period of two years and also pay a monetary fine. Third time offenders who refuse testing to prove their BAC have their driver’s license revoked for a period of four years and also pay monetary fines.
Pleading to a Lesser Charge in Hawaii
In some states, it may be possible for DUI offenders to work out a plea bargain to receive a lesser charge, such as “wet reckless.” Often time, arranging a plea bargain for a charge like wet reckless entails offenders pleading guilty in exchange for the lesser charge and lesser penalties. However, the state of Hawaii does not allow plea bargaining for DUI and OVUII charges, meaning those charged with driving under the influence offense are tried against those charges. Therefore the penalties and cost of the OVUII Ignition Interlock requirement will also be part of the consequences if convicted or a driver pleads guilty.
What is an Ignition Interlock Device and How Does it Work?
In some circumstances, it may be required for offenders of Hawaii DUI/OUVII to have to use an Ignition Interlock Device (IID) as a condition of reinstatement of their driver’s license. An Ignition Interlock device or IID is a car Breathalyzer device used in offender vehicles as a means to prevent drinking and driving. This device is mounted on the vehicle’s dashboard or similar area, and offenders must blow into the device, much like a breathalyzer test, to determine their BAC before the vehicle can start.
An IID, or car Breath Alcohol Ignition Interlock Device (BAIID), integrates the breathalyzer technology with the vehicle’s ignition system. Should offenders register a BAC below the set threshold – usually 0.04 percent – they are able to start the vehicle and operate it as normal. Should they register a BAC above the set threshold, the vehicle does not start. Additionally, a report may be generated on a high BAC and sent to the appropriate parties.
When is Using an Ignition Interlock Device Required in the State of Hawaii?
Legislation in the state of Hawaii outlines that IIDs are required for certain individuals who are convicted of DUI/OVUII or other drinking and driving related charges. Courts in this HI are required to issue an order for the installation and use of an Ignition Interlock as a condition of reinstatement for the offender’s driver’s license in the following circumstances:
– First Time DUI/OVUII Offenders – An Ignition Interlock is Required for One Year
– Second Time DUI/OVUII Offenders – The car Breathalyzer Interlock Will be Required for Two Years
– First Time “Highly Intoxicated” Offenders – The IID will be Required to be Installed for Two Years
Who is Responsible for Paying for the Cost of an Ignition Interlock Device?
In almost all drinking and driving cases resulting in conviction and the issuing of an order for installing and maintaining an IID, offenders are responsible for all the costs associated with using the Ignition Interlock device in Hawaii. DUI and OVUII offenders in HI should expect to pay about $100 for installation – some approved interlock providers offer free installation – and between $75 and $125 in monthly lease payments. This does not include any maintenance costs. Additionally, the total prices for the cost of the Ignition Interlock device will vary depending on the provider and the area in which the provider is located.
What is the Process of Obtaining an Ignition Interlock Device in Hawaii?
When OVUII and DUI offenders are ordered to use and install an Ignition Interlock device on their car, they will need to obtain the device from one of the state’s approved providers. Approved IID providers can be found across the state of Hawaii, and there is also a resource list of approved providers on the Hawaii Department of Motor Vehicles website. Once an approved interlock provider has been contacted, he or she installs the IID device and sets up the lease agreement. Often, offenders need to report back to the court and/or to the DMV to show proof of the interlock device’s installation, which is usually a copy of the lease agreement and receipt of installation. We realize just how serious the issue is for most driver’s dealing with the unexpected cost of the Ignition Interlock penalties are, and certainly understand why a couple of the first questions drivers arrested for a OVUII or DUI charge in HI have is “will I need to get an Ignition Interlock device installed on my car, and will my license get suspended?” After a Hawaii Ignition Interlock attorney reviews a driver’s own arrest situation online with us, they can then be able let a driver know of any possible ways and solutions of how to avoid having to get and install an Ignition Interlock device in:
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